Mercantile Banking Co. v. Hernandez

California Court of Appeal Oct 16, 1931 No. Civ. No. 873Published

Before: Jennings

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Holding. An order vacating a default entered by the clerk before any judgment has been entered in the action is not an appealable order.

Issues

Whether an order setting aside a default entered by the clerk prior to the entry of judgment is subject to a separate appeal.

Disposition. dismissed

Quotations verified verbatim against the opinion

“Such an order, where it appears that no judgment has been entered upon the. default, is not the subject of a separate appeal.”

“It is in no sense an order made after judgment and is not one of the interlocutory orders enumerated in section 963 of the Code of Civil Procedure.”

JENNINGS, J. The appeal . herein is from an order vacating and setting aside the default of the defendant [511]entered by the clerk—an order made before the entry of any judgment "in the action. Such an order, where it appears that no judgment has been entered upon the. default, is not the subject of a separate appeal. It is in no sense an order made after judgment and is not one of the interlocutory orders enumerated in section 963 of the Code of Civil Procedure. (Savage v. Smith, 154 Cal. 325 [97 Pac. 821]; Rauer’s Law etc. Co. v. Standley, 3 Cal. App. 44 [84 Pac. 214] ; Rose v. Lelande, 17 Cal. App. 308 [119 Pac. 532]; LaPique v. Plummer, 24 Cal. App. 685 [142 Pac. 107].)

The appeal is dismissed.

Barnard, P. J., and Marks, J., concurred.

Mercantile Banking Co. v. Hernandez

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